CS/CS/HB 445

1	A bill to be entitled
2	An act relating to pretrial detention and release;
3	amending s. 907.041, F.S.; requiring all pretrial release
4	programs established by ordinance of a county commission,
5	by administrative order of a court, or by any other means
6	to facilitate the release of defendants from pretrial
7	custody to conform to the policies and restrictions
8	established in the act; preempting local ordinances,
9	orders, or practices; requiring every pretrial release
10	program to provide the first appearance court all
11	pertinent information about the defendant, including the
12	defendant's ability to pay for a surety appearance bond;
13	requiring that the defendant meet certain specified
14	criteria in order to be eligible for pretrial release;
15	requiring that the pretrial release program certify in
16	writing that the defendant satisfies each requirement for
17	eligibility; requiring the court to determine whether a
18	defendant is eligible to participate in the pretrial
19	release program after reviewing certain reports; requiring
20	that the pretrial release program notify each defendant of
21	the time and place of each required court appearance;
22	providing that the act does not prohibit a court from
23	releasing a defendant on the defendant's own recognizance;
24	providing that the act does not prohibit a court from
25	imposing any other reasonable condition of release;
26	prohibiting a pretrial release program from charging a
27	defendant any administrative fees; providing that a
28	pretrial release program may charge a defendant fees for
29	services that have been ordered by the court; providing
30	that a defendant may participate in pretrial release
31	programs if the defendant qualifies for drug court, mental
32	health court, or other similar programs; amending s.
33	907.043, F.S.; providing that pretrial release program
34	registers be updated monthly rather than weekly; providing
35	an effective date.
36
37	Be It Enacted by the Legislature of the State of Florida:
38
39	Section 1.  Subsection (5) is added to section 907.041,
40	Florida Statutes, to read:
41	907.041  Pretrial detention and release.-
42	(5)  PRETRIAL RELEASE PROGRAMS.-
43	(a)  A pretrial release program established by ordinance of
44	the county commission, by administrative order of the court, or
45	by any other means enacted or established to facilitate the
46	release of defendants from pretrial custody is subject to the
47	policies and restrictions established in this subsection which
48	supersedes and preempts all local ordinances, orders, or
49	practices.
50	(b)  Every pretrial release program shall provide the first
51	appearance court all pertinent information about the defendant,
52	including the defendant's ability to pay for a surety appearance
53	bond, so that the court may determine the defendant's conditions
54	of release. A defendant is eligible to participate in a pretrial
55	release program by order of the court only if the court finds
56	that the defendant does not have the ability to pay or arrange
57	for the posting of a surety appearance bond, and if the
58	defendant:
59	1.  Is not charged with a capital, life, or first degree
60	felony;
61	2.  Subject to the limitations of s. 903.046(2)(d), has not
62	failed to appear at any court proceedings within the 12 months
63	preceding the current arrest;
64	3.  Is not, at the time of the arrest, on probation for
65	another charge and is not facing charges for another crime in
66	this state;
67	4.  Has no prior convictions involving violence; and
68	5.  Satisfies any other limitation upon eligibility for
69	release which is in addition to those in this subsection,
70	whether established by the board of county commissioners or the
71	court.
72	(c)  The pretrial release program must certify in writing
73	to the court that the defendant satisfies each requirement of
74	eligibility in paragraph (b) before a determination is made
75	concerning the defendant's eligibility for placement in the
76	pretrial release program.
77	(d)  If a defendant seeks to post a surety bond pursuant to
78	a bond schedule established by the administrative order, he or
79	she must do so without any interaction with, or restriction by,
80	the pretrial release program.
81	(e)  The court shall determine whether the defendant is
82	eligible to participate in the pretrial release program after
83	the pretrial release program evaluates the defendant's
84	eligibility and certifies its findings to the court.
85	(f)  The pretrial release program shall notify every
86	defendant released under this subsection of the times and places
87	at which he or she is required to appear before the court.
88	(g)  This subsection does not prohibit a court from
89	releasing a defendant on the defendant's own recognizance.
90	(h)  This subsection does not prohibit a court from
91	imposing any reasonable conditions of release, including, but
92	not limited to, electronic monitoring, drug testing, substance
93	abuse treatment, and domestic violence counseling. A court may
94	order the defendant pay for any services ordered as a condition
95	of release.
96	(i)  A pretrial release program may not charge a defendant
97	who is participating in the program any fees other than those
98	authorized by state law. However, a pretrial release program may
99	charge a defendant fees for electronic monitoring, drug testing,
100	substance abuse treatment, and other services that have been
101	ordered by the court as a condition of release prior to trial.
102	(j)  A court may order a defendant who does not meet the
103	eligibility criteria in paragraph (b) to participate in a
104	pretrial release program if the defendant is eligible under
105	state law to participate in a drug court program, mental health
106	court program, or a prison diversion program established under
107	s. 921.00241.
108	Section 2.  Subsection (3) of section 907.043, Florida
109	Statutes, is amended to read:
110	907.043  Pretrial release; citizens' right to know.-
111	(3)(a)  Each pretrial release program must prepare a
112	register displaying information that is relevant to the
113	defendants released through such a program. A copy of the
114	register must be located at the office of the clerk of the
115	circuit court in the county where the program is located and
116	must be readily accessible to the public.
117	(b)  The register must be updated monthly weekly and
118	display accurate data regarding the following information:
119	1.  The name, location, and funding source of the pretrial
120	release program.
121	2.  The number of defendants assessed and interviewed for
122	pretrial release.
123	3.  The number of indigent defendants assessed and
124	interviewed for pretrial release.
125	4.  The names and number of defendants accepted into the
126	pretrial release program.
127	5.  The names and number of indigent defendants accepted
128	into the pretrial release program.
129	6.  The charges filed against and the case numbers of
130	defendants accepted into the pretrial release program.
131	7.  The nature of any prior criminal conviction of a
132	defendant accepted into the pretrial release program.
133	8.  The court appearances required of defendants accepted
134	into the pretrial release program.
135	9.  The date of each defendant's failure to appear for a
136	scheduled court appearance.
137	10.  The number of warrants, if any, which have been issued
138	for a defendant's arrest for failing to appear at a scheduled
139	court appearance.
140	11.  The number and type of program noncompliance
141	infractions committed by a defendant in the pretrial release
142	program and whether the pretrial release program recommended
143	that the court revoke the defendant's release.
144	Section 3.  This act shall take effect October 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.